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Cross Reference — As to board of adjustment to hear and decide appeals and variances under the flood prevention and protection chapter, §410.160.
State Law Reference — Board of adjustment, §§89.080 et seq., RSMo.
[R.O. 2009 §24-76; Ord. No. 498 §1(Art. XVI §1), 1-11-1983; Ord. No. 1170 §1, 4-27-2011]
A Board of Adjustment is hereby established. The word "Board" when used in this Section shall be construed to mean Board of Adjustment. The Board shall consist of five (5) members who shall be residents of the City of Cool Valley. All members shall be appointed by the Mayor and approved by the Board of Aldermen. At least one (1) member shall have knowledge of and skill in reading blueprints and building specifications. The membership of the first (1st) Board appointed shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, and one (1) for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. All members shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall elect its own Chairman who shall serve for one (1) year. The Board shall adopt rules and regulations as it may deem necessary to carry out the provisions of this Chapter.
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State Law Reference — Similar provisions, §89.080, RSMo.
[R.O. 2009 §24-78; Ord. No. 498 §1(Art. XVI §2), 1-11-1983; Ord. No. 1170 §1, 4-27-2011]
Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed for that purpose.
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State Law Reference — Similar provisions, §89.080, RSMo.
[R.O. 2009 §24-79; Ord. No. 498 §1(Art. XVI §3), 1-11-1983]
A. 
Appeals to the Board of Adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by an officer, department, agency or any board other than the Board of Adjustment affected by any decision of the Zoning Enforcement Official. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board of Adjustment by general rule, by filing with the Zoning Enforcement Official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Zoning Enforcement Official shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from is taken.
B. 
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Official certifies to the Board of Adjustment after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application or notice to the Zoning Enforcement Official for good cause.
C. 
The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give the public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney.
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State Law Reference — Similar provisions, §89.100, RSMo.
[R.O. 2009 §24-80; Ord. No. 498 §1(Art. XVI §4), 1-11-1983]
A. 
The Board of Adjustment shall have the following powers and duties:
1. 
To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by Zoning Enforcement Official;
2. 
To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this Chapter (January 11, 1983) from which this Chapter was derived;
3. 
To interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of the City plan;
4. 
To permit the erection and use of a building or the use of premises for public utility purposes;
5. 
To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, act of God or public enemy, to the extent of less than sixty percent (60%) of its original structure, where the Board finds some compelling public necessity requiring a continuance of the non-conforming use;
6. 
To permit the temporary erection of any roadside stand on any lot in the single-family districts for the sale of produce grown upon the premises upon which the stand is located and under such regulations and restrictions as the Board may determine to be necessary to properly protect the adjoining property and the general welfare of the entire City;
7. 
To permit a variation in the yard requirements of any district where there are practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographic or other conditions, provided such variation will not seriously affect any adjoining property or the general welfare;
8. 
To authorize upon appeal such variations of the strict application of the terms of this Chapter as are in harmony with its general purpose and intent whenever a property owner can show that a strict application of the terms of this Chapter relating to the use, construction or alteration of buildings or structures or the use of land will impose upon him/her practical difficulties or particular hardship.
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State Law Reference — Board of adjustment, powers, §89.090(1), RSMo.
[R.O. 2009 §24-81; Ord. No. 498 §1(Art. XVI §5), 1-11-1983]
A. 
In exercising the powers in Section 400.420, the Board of Adjustment may reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the Zoning Enforcement Official from whom the appeal is taken.
B. 
Every variation granted or denied by the Board of Adjustment shall be accompanied by a written finding of fact based on testimony and evidence and specifying the reason for granting or denying the variation.
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State Law Reference — Similar provisions, §89.090, RSMo.
[R.O. 2009 §24-82; Ord. No. 498 §1(Art. XVI §6), 1-11-1983]
Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons or any officer, department, board or agency of the City may present to the Circuit Court having jurisdiction in St. Louis County a petition, duly verified, stating that such decision is illegal in whole or in part, specifying the grounds of the illegality and asking for relief therefrom. Such petition shall be presented to the court within thirty (30) days from the date of filing of the decision in the office of the Board.
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State Law Reference — Appeals, §89.100, RSMo.